High Court Overturns Government Ban on Palestine Action

By Tax assistant

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High Court Overturns Government Ban on Palestine Action

In a significant legal blow to the UK government, the High Court ruled on February 13, 2026, that the decision to designate the protest group Palestine Action as a terrorist organization was illegal. The court found that the Home Office overstepped its authority, infringing on fundamental democratic protections.

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Why the Court Intervened

The ruling, delivered by a three-judge panel, focused on the distinction between civil disobedience and terrorism. Key findings include:

  • Breach of Rights: The judges ruled the ban was a “disproportionate interference” with the rights to freedom of speech and assembly (Articles 10 and 11 of the ECHR).
  • Procedural Errors: The court noted that the Home Office failed to follow its own internal protocols when the proscription was first enacted in July 2025.
  • Criminal vs. Terrorist: While the group has engaged in property damage and trespassing, the court stated these acts should be handled by standard criminal law rather than anti-terror legislation reserved for groups like al-Qaeda.

Immediate Consequences

FeatureStatus
Legal StatusThe ban remains “active” until a follow-up hearing on Feb 20, 2026.
Police StrategyThe Met Police will no longer arrest individuals solely for showing support (signs/flags).
Government ResponseHome Secretary Shabana Mahmood has pledged to appeal the decision.
Past ArrestsThe legal status of the 2,700+ people arrested since July 2025 is now in question.

The “Direct Action” Context

The government originally moved to ban the group following a series of aggressive protests targeting defense contractors, specifically Elbit Systems. While the government argued these actions threatened national security, the High Court concluded that the scale of the group’s activities did not justify the “terrorist” label.

What’s Next?

The legal drama isn’t over. On February 20, the court will decide whether to officially “quash” the ban or allow it to stand while the government’s appeal moves forward.

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